Free Other Notice - District Court of Arizona - Arizona

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 1 of 85

Revised 10/20/05

# 10

DEFENSE REQUEST AND BASIS FOR REQUEST Scientific Analysis requests and logs, methods, bench notes, test results for any evidence from search warrant or DNA testing of defendant and other individuals (MCSO DR 01-30095) Rule 16(a)(1)(E) and (F) Brady, Giglio. Defendant needs ample to time to hire own experts. Rule 16(a)(1)(E), Brady, Giglio.

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government agrees to produce all scientific testing and results of forensic evidence and DNA comparison/results. Government has produced some reports already and will provide others when they are received. Order ­ Govt. must obtain PO to redact names

Per Court's Order dated 10/11/05

11

Complete set of Departmental reports for DR MCSO 01-30095

Government states the remaining items are Jencks materl

13

ATF agents' surveillance videos and Rule management logs of meeting between CI 16(a)(1)(E) 376 and Augustiniak, Hyder and Eischeid Brady, Giglio including but not limited to March 15 and 16, 2002.

Government agrees to produce now

Govt. to redact names and disclose by Nov. 4; Full disclosure of unredacted docs before trial date by Court established schedule. Government will produce some of the Govt. may postpone remaining reports 6 weeks before trial and disclosure within will provide others 2 weeks before trial. "narrow definition" Defense to Address in Memo re: of Jencks, See III of Timing of Disclosure Order: Govt. to confirm 10/21 @ hrg PROTECTIVE Provided on July 1, 2005 ORDER GRANTED E-8 and transcripts Full disclosure of (Defense requested the surveillance documents before videos of the AGENTS, not E8. Govt. trial date by Court did not respond to request for established management logs. ROI 9 says the surveillance units monitored the audio schedule, to follow. and video recordings of the CI 376 AT THE TIME. Defense requests the ATF management logs with the agents' notes re that surveillance)

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

1 Document 855-2 Filed 10/21/2005 Page 1 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 2 of 85

Revised 10/20/05

# 14

DEFENSE REQUEST AND BASIS FOR REQUEST CI 376 Informant's court file including plea, transcripts and judgment of sentence in Maricopa County, Arizona relating to murder of Cynthia Garcia (sealed) (MSCO DR 01-30095) Brady, Giglio, Roviaro Rule 16(a)(1)(E)

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Brady, Giglio, Roviaro, Jencks Government will produce these reports 6 weeks before trial (Response says Govt. will produce these REPORTS as opposed to file, transcripts, plea etc.) 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclosure Government will produce these reports 6 weeks before trial 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclosure

Per Court's Order dated 10/11/05

15

CI 376 Informant's federal court file including but not limited to pleas, transcripts, judgment of sentence relating to or involving the murder of Cynthia Garcia (sealed) (MSCO DR 01-30095) CI 376 Informant's ATF FILE including written or oral contracts, letters or agreements with the ATF to act as an informant.

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

16

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

17

CI 376 Informant's written or oral contracts, letters or agreements with any other federal or state agency or United States Attorney

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

Court says the defense made a PF showing as to items 14-40. See court order dated 10/12/05, p.2, ll. 2324.Disclosure by November,4, 2005 Except as to protective order items Court says the defense made a PF showing as to items 14-40. Disclosure by November,4, 2005 Except as to protective order items Government will produce these reports 6 Court says the defense weeks before trial made a PF showing as 7-11-05 Order Defense to show to items 14-40 materiality-See Defense Memo filed Disclosure by 8-12-05 November,4, 2005 Defense to address in memo re: Timing Except as to protective of Disclsoure order items Government will produce these reports 6 Court says the defense weeks before tria made a PF showing as 7-11-05 Order Defense to show to items 14-40 materiality-See Defense Memo filed Disclosure by 8-12-05 November,4, 2005 Defense to address in memo re: Timing Except as to protective of Disclsoure l order items 2 Filed 10/21/2005 Page 2 of 85

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

Document 855-2

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 3 of 85

Revised 10/20/05

# 18

DEFENSE REQUEST AND BASIS FOR REQUEST Names, case numbers or location of state or federal prosecutions in which CI 376 has acted as or testified as an informant Brady, Giglio, Roviaro Rule 16(a)(1)(E)

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Brady, Giglio, Roviaro, Jencks Government will produce these reports 6 weeks before trial 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclosure Government will produce these reports 6 weeks before trial 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclosure Government will produce these reports 6 weeks before trial 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclosure Government will produce these reports 6 weeks before trial 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclosure

Per Court's Order dated 10/11/05 Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005 Except as to protective order items Court says the defense made a PF showing as to items 14 Disclosure by November,4, 2005 Except as to protective order items Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005 Except as to protective order items Court says the defense made a PF showing as to items 14-40 Disclosure by November,4, 2005 Except as to protective order items

19

All known violations of CI 376 Informant's agreement with ATF including acts of drug use, alcohol use, sale/purchase of drugs, acts of violence

Brady, Giglio, Brady, Giglio, Roviaro, Roviaro Jencks Rule 16(a)(1)(E)

20

Documents re: any consideration monetary or other benefits bargained for or paid to CI 376 by any federal or state agencies for his employment as an informant including dates and amounts Criminal history and convictions for CI 376

Brady, Giglio, Brady, Giglio, Roviaro, Jencks Roviaro Rule 16(a)(1)(E)

21

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

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3 Document 855-2 Filed 10/21/2005 Page 3 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 4 of 85

Revised 10/20/05

# 22

DEFENSE REQUEST AND BASIS FOR REQUEST Medical, psychiatric, psychological history and records for CI 376 CI 790 Informant's federal court file including but not limited to pleas, transcripts, judgment of sentence. Brady, Giglio, Roviaro Rule 16(a)(1)(E) Brady, Giglio, Roviaro Rule 16(a)(1)(E)

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE None Government represented that there was none in July, 2005

Per Court's Order dated 10/11/05

24

Brady, Giglio, Roviaro, Jencks

25

CI 790 Informant's ATF File including written or oral informant contract, letter or agreement with the ATF to act as an informant.

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

Court says the defense made a PF showing as to items 14-40. PROTECTIVE ORDER Government will produce these reports 6 Court says the defense weeks before trial made a PF showing as 7-11-05 Order Defense to show to items 14 -40 materiality-See Defense Memo filed PROTECTIVE ORDER 8-12-05 GRANTED Full Defense to address in memo re: Timing disclosure of of Disclosure documents before trial date by Court established schedule, to follow. Government will produce these reports 6 Court says the defense weeks before trial made a PF showing as 7-11-05 Order Defense to show to items 14-40 materiality-See Defense Memo filed PROTECTIVE ORDER 8-12-05 GRANTED Full Defense to address in memo re: Timing disclosure of of Disclosure documents before trial date by Court established schedule, to follow.

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4 Document 855-2 Filed 10/21/2005 Page 4 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 5 of 85

Revised 10/20/05

# 26

DEFENSE REQUEST AND BASIS FOR REQUEST CI 790 Informant's written or oral informant contract, letter or agreement with any other federal or state agency or United States Attorney Brady, Giglio, Roviaro Rule 16(a)(1)(E)

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Brady, Giglio, Roviaro, Jencks Government will produce these reports 6 weeks before trial 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclosure

Per Court's Order dated 10/11/05

28

All known violations of CI 790 Informant's agreement with ATF including acts of drug use, alcohol use, sale/purchase of drugs, acts of violence

Brady, Giglio, Brady, Giglio, Roviaro, Jencks Roviaro Rule 16(a)(1)(E)

29

Documents re: any consideration monetary or other benefits bargained for or paid to CI 790 by any federal or state agencies for his employment as an informant including dates and amounts

Brady, Giglio, Brady, Giglio, Roviaro, Jencks Roviaro Rule 16(a)(1)(E)

Court says the defense made a PF showing as to items 14-40 PROTECTIVE ORDER GRANTED Full disclosure of documents before trial date by Court established schedule, to follow. Government will produce these reports 6 Court says the defense weeks before trial made a PF showing as 7-11-05 Order Defense to show to items 14-40 materiality-See Defense Memo filed PROTECTIVE ORDER 8-12-05 GRANTED Full Defense to address in memo re: Timing disclosure of of Disclosure documents before trial date by Court established schedule, to follow. Government will produce these reports 6 Court says the defense weeks before trial made a PF showing as 7-11-05 Order Defense to show to items 14-40 materiality-See Defense Memo filed PROTECTIVE ORDER 8-12-05 GRANTED Full Defense to address in memo re: Timing disclosure of of Disclosure documents before trial date by Court established schedule, to follow. 5

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

Document 855-2

Filed 10/21/2005

Page 5 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 6 of 85

Revised 10/20/05

# 30

DEFENSE REQUEST AND BASIS FOR REQUEST Criminal history and convictions for CI 790 Brady, Giglio, Roviaro Rule 16(a)(1)(E)

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Brady, Giglio, Roviaro, Jencks Government will produce these reports 6 weeks before trial 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclosure

Per Court's Order dated 10/11/05

34

CI 604 Informant's ATF File including written or oral informant contract, letter or agreement with the ATF to act as an informant.

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

38

Documents re: any consideration monetary or other benefits bargained for or paid to CI 604 by any federal or state agencies for his employment as an informant including dates and amounts.

Brady, Giglio, Roviaro Rule 16(a)(1)(E)

Brady, Giglio, Roviaro, Jencks

Court says the defense made a PF showing as to items 14-40 PROTECTIVE ORDER GRANTED Full disclosure of documents before trial date by Court established schedule, to follow. Government will produce these reports 6 Court says the defense weeks before trial made a PF showing as 7-11-05 Order Defense to show to items 14-40 materiality-See Defense Memo filed PROTECTIVE ORDER 8-12-05 GRANTED Full Defense to address in memo re: Timing disclosure of of Disclosure documents before trial date by Court established schedule, to follow. Government will produce these reports 6 Court says the defense weeks before trial made a PF showing as 7-11-05 Order Defense to show to items 14-40 materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclosure

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6 Document 855-2 Filed 10/21/2005 Page 6 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 7 of 85

Revised 10/20/05

# 39

DEFENSE REQUEST AND BASIS FOR REQUEST Criminal history and convictions for CI 604 Brady, Giglio, Roviaro Rule 16(a)(1)(E)

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Brady, Giglio, Roviaro, Jencks Government will produce these reports 6 weeks before trial 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Defense to address in memo re: Timing of Disclosure

Per Court's Order dated 10/11/05 Court says the defense made a PF showing as to items 14-40 PROTECTIVE ORDER GRANTED Full disclosure of documents before trial date by Court established schedule, to follow. Court says the defense made a PF showing as to items 14-40 Under protective order??? Will be resolved by counsel

40

Medical history and records for CI 604

41

Grand Jury SDT served on MSCO for Norris, Augustiniak, McDonnell and Randolph Rough notes and logs of all agents, state and federal, re Case No. 784015-020006 Rough notes and logs of all agents, state and federal, re Case No. 785040-020049 Rough notes and logs of all agents, state and federal, re Case No. 784015-030054

Brady, Giglio, Roviaro Rule 16(a)(1)(E) Rule 16(a)(1)(E) Rule 16, Harris Rule 16, Harris Rule 16, Harris

None

42 43

ROI's and calls have already been provided. The Grand Jury SDT will be provided The rough notes will be provided Government agrees to produce now The rough notes will be provided

Government provided on 8/12/05

Government provided Agents Logs and notes on 8/12/05 Defense needs to review Provided on July 1, 2005 but less than two dozen pages of notes were provided. See #42. If any are missing will be provided on November 4, 2005

44

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7 Document 855-2 Filed 10/21/2005 Page 7 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 8 of 85

Revised 10/20/05

# 45 49

DEFENSE REQUEST AND BASIS FOR REQUEST Rough notes and logs of all agents, state and federal, re Case No. 785040-020048 Operation Dequiallo ­ LA ATF 78401502-006 ROI 2 Rule 16, Harris Rule 16(a)(1)(E), Brady, Giglio,Roviar o1 Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE This case number does not (Need to check where this number correspond to this case. came from. Chuck says it is on the videos) Government agrees to Provided on July 1, 2005 (almost produce now completely redacted)

Per Court's Order dated 10/11/05

50

Operation Dequiallo ­ LA ATF 78401502-006 ROI 3

52

Operation Dequiallo ­ LA ATF 78401502-006 ROI 5

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now Government agrees to produce now

Also, defendants have made no showing that these reports are material to preparing the defense Also, defendants have made no showing that these reports are material to preparing the defense7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Provided on July 1, 2005 (paragraphs redacted where CI goes to Candy Cat bar with female 2/15/02) Provided on July 1, 2005 (paragraph and sentences redacted where CI goes to Candy Cat bar with female 2/15 & 2/16/02)

Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

53 54

Operation Dequiallo ­ LA ATF 78401502-006 ROI 6 Operation Dequiallo ­ LA ATF 78401502-006 ROI 7

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

1

Operation Dequiallo is the California, Arizona, Nevada, Alaska and Washington ATF HAMC investigation which utilized CI 376 Michael Kramer for most if not all audio and video recordings. The investigation of the Garcia murder was conducted within Operation Dequiallo as well as the Fabricant investigation. Michael Kramer testified on behalf the US government in US v Fabricant in July, 2004.

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USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 9 of 85

Revised 10/20/05

# 55 56

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 8 Operation Dequiallo ­ LA ATF 78401502-006 ROI 10 Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Provided on July 1, 2005 (paragraphs and sentences redacted after CI drug buy at Fabricant's 2/16/02) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Provided on July 1, 2005 (paragraphs and sentences redacted re CI 3/28/02) Provided on July 1, 2005 (two paragraphs redacted @ 4/4/02) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05

Prima facie established - Govt. to promptly produce by Nov. 4.

57 58 59

Operation Dequiallo ­ LA ATF 78401502-006 ROI 11 Operation Dequiallo ­ LA ATF 78401502-006 ROI 12 Operation Dequiallo ­ LA ATF 78401502-006 ROI 13

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

60

Operation Dequiallo ­ LA ATF 78401502-006 ROI 14

Rule 16(a)(1)(E), Brady, Giglio

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9 Document 855-2 Filed 10/21/2005 Page 9 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 10 of 85

Revised 10/20/05

# 61

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 15 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Provided on July 1, 2005 (Govt. did not produce) 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Provided on July 1, 2005 (paragraph redacted re 4/18/02 surveillance of CI by agents)

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

62

Operation Dequiallo ­ LA ATF 78401502-006 ROI 16

Rule 16(a)(1)(E), Brady, Giglio

63

Operation Dequiallo ­ LA ATF 78401502-006 ROI 17

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

64

Operation Dequiallo ­ LA ATF 78401502-006 ROI 19

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now

65

Operation Dequiallo ­ LA ATF 78401502-006 ROI 20

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

10 Document 855-2 Filed 10/21/2005 Page 10 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 11 of 85

Revised 10/20/05

# 66

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 22 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Provided on July 1, 2005 (paragraph redacted re 4/18/02 surveillance of CI by agents) Also, defendants have made no showing that these reports are material to preparing the defense. 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Provided on July 1, 2005 (4 paragraphs redacted re surveillance of CI by agents @6/30/02)

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

67

Operation Dequiallo ­ LA ATF 78401502-006 ROI 25

Rule 16(a)(1)(E), Brady, Giglio

68

Operation Dequiallo ­ LA ATF 78401502-006 ROI 29

Rule 16(a)(1)(E), Brady, Giglio

69 70

Operation Dequiallo ­ LA ATF 78401502-006 ROI 30 Operation Dequiallo ­ LA ATF 78401502-006 ROI 31

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

Prima facie established - Govt. to promptly produce by Nov. 4.

71

Operation Dequiallo ­ LA ATF 78401502-006 ROI 32

Rule 16(a)(1)(E), Brady, Giglio

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11 Document 855-2 Filed 10/21/2005 Page 11 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 12 of 85

Revised 10/20/05

# 72

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 33 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

75

Operation Dequiallo ­ LA ATF 78401502-006 ROI 36

Rule 16(a)(1)(E), Brady, Giglio

76

Operation Dequiallo ­ LA ATF 78401502-006 ROI 37

Rule 16(a)(1)(E), Brady, Giglio

78

Operation Dequiallo ­ LA ATF 78401502-006 ROI 40

Rule 16(a)(1)(E), Brady, Giglio

79

Operation Dequiallo ­ LA ATF 78401502-006 ROI 41

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

12 Document 855-2 Filed 10/21/2005 Page 12 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 13 of 85

Revised 10/20/05

# 80

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 42 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

81

Operation Dequiallo ­ LA ATF 78401502-006 ROI 43

Rule 16(a)(1)(E), Brady, Giglio

82

Operation Dequiallo ­ LA ATF 78401502-006 ROI 44

Rule 16(a)(1)(E), Brady, Giglio

83

Operation Dequiallo ­ LA ATF 78401502-006 ROI 45

Rule 16(a)(1)(E), Brady, Giglio

84

Operation Dequiallo ­ LA ATF 78401502-006 ROI 46

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

13 Document 855-2 Filed 10/21/2005 Page 13 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 14 of 85

Revised 10/20/05

# 85

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 47 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Provided on July 1, 2005 (names redacted re 10/3/02 surveillance of CI by agents. ) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4.

86 87

Operation Dequiallo ­ LA ATF 78401502-006 ROI 48 Operation Dequiallo ­ LA ATF 78401502-006 ROI 49

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

88

Operation Dequiallo ­ LA ATF 78401502-006 ROI 50

Rule 16(a)(1)(E), Brady, Giglio

89

Operation Dequiallo ­ LA ATF 78401502-006 ROI 51

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

14 Document 855-2 Filed 10/21/2005 Page 14 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 15 of 85

Revised 10/20/05

# 90

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 52 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government agrees to produce now Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Provided on July 1, 2005 (redactions re 10/26/02 OM at Cave Creek and Mesa 5th Anniv. Party) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Provided on July 1, 2005 (several paragraphs redacated re CI working security at SFV CH 10/30/02)

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

91

Operation Dequiallo ­ LA ATF 78401502-006 ROI 53

Rule 16(a)(1)(E), Brady, Giglio

92

Operation Dequiallo ­ LA ATF 78401502-006 ROI 54

Rule 16(a)(1)(E), Brady, Giglio

93 94

Operation Dequiallo ­ LA ATF 78401502-006 ROI 55 Operation Dequiallo ­ LA ATF 78401502-006 ROI 56

Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

95

Operation Dequiallo ­ LA ATF 78401502-006 ROI 57

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

15 Document 855-2 Filed 10/21/2005 Page 15 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 16 of 85

Revised 10/20/05

# 96

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 58 Operation Dequiallo ­ LA ATF 78401502-006 ROI 59 Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Provided on July 1, 2005 (several paragraphs redacted re CI conversations with SFV members and working security 11/5/02 and 11/6/02) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05

97

Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

98

Operation Dequiallo ­ LA ATF 78401502-006 ROI 60

Rule 16(a)(1)(E), Brady, Giglio

99

Operation Dequiallo ­ LA ATF 78401502-006 ROI 61

Rule 16(a)(1)(E), Brady, Giglio

100

Operation Dequiallo ­ LA ATF 78401502-006 ROI 62

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

16 Document 855-2 Filed 10/21/2005 Page 16 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 17 of 85

Revised 10/20/05

# 101

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 63 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

102

Operation Dequiallo ­ LA ATF 78401502-006 ROI 64

Rule 16(a)(1)(E), Brady, Giglio

103

Operation Dequiallo ­ LA ATF 78401502-006 ROI 65

Rule 16(a)(1)(E), Brady, Giglio

104

Operation Dequiallo ­ LA ATF 78401502-006 ROI 67

Rule 16(a)(1)(E), Brady, Giglio

105

Operation Dequiallo ­ LA ATF 78401502-006 ROI 68

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

17 Document 855-2 Filed 10/21/2005 Page 17 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 18 of 85

Revised 10/20/05

# 106

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 69 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

107

Operation Dequiallo ­ LA ATF 78401502-006 ROI 70

Rule 16(a)(1)(E), Brady, Giglio

108

Operation Dequiallo ­ LA ATF 78401502-006 ROI 71

Rule 16(a)(1)(E), Brady, Giglio

109

Operation Dequiallo ­ LA ATF 78401502-006 ROI 72

Rule 16(a)(1)(E), Brady, Giglio

110

Operation Dequiallo ­ LA ATF 78401502-006 ROI 73

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

18 Document 855-2 Filed 10/21/2005 Page 18 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 19 of 85

Revised 10/20/05

# 111

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 74 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense (Govt. said it would not produce but produced 7/8/05 ­ re 12/28/02 CI recording of Mesa CH meeting) 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

112

Operation Dequiallo ­ LA ATF 78401502-006 ROI 75

Rule 16(a)(1)(E), Brady, Giglio

113

Operation Dequiallo ­ LA ATF 78401502-006 ROI 76

Rule 16(a)(1)(E), Brady, Giglio

114

Operation Dequiallo ­ LA ATF 78401502-006 ROI 77

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Prima facie established - Govt. to promptly produce by Nov. 4.

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

19 Document 855-2 Filed 10/21/2005 Page 19 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 20 of 85

Revised 10/20/05

# 115

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 79 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

116

Operation Dequiallo ­ LA ATF 78401502-006 ROI 80

Rule 16(a)(1)(E), Brady, Giglio

117

Operation Dequiallo ­ LA ATF 78401502-006 ROI 81

Rule 16(a)(1)(E), Brady, Giglio

118

Operation Dequiallo ­ LA ATF 78401502-006 ROI 83

Rule 16(a)(1)(E), Brady, Giglio

119

Operation Dequiallo ­ LA ATF 78401502-006 ROI 85

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

20 Document 855-2 Filed 10/21/2005 Page 20 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 21 of 85

Revised 10/20/05

# 120 121

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 86 Operation Dequiallo ­ LA ATF 78401502-006 ROI 92 Rule 16(a)(1)(E), Brady, Giglio Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government agrees to produce now Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Provided on July 1, 2005 (several paragraphs redacted re CI conversation with Eriksson 2/26/03) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense (Govt. said it would not produce but produced 7/8/05 re CI recording of West Coast OM 3/15/03 at Berdoo) 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05

Prima facie established - Govt. to promptly produce by Nov. 4.

122

Operation Dequiallo ­ LA ATF 78401502-006 ROI 93

Rule 16(a)(1)(E), Brady, Giglio

123

Operation Dequiallo ­ LA ATF 78401502-006 ROI 94

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

124

Operation Dequiallo ­ LA ATF 78401502-006 ROI 95

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

21 Document 855-2 Filed 10/21/2005 Page 21 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 22 of 85

Revised 10/20/05

# 125

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 97 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense (Govt. said it would not produce but produced 7/8/05 re CI recording of Mesa CH meeting 3/27/03 and Davies gun buy 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05) Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense (Govt. said it would not produce but produced 7/8/05 re CI recording of West Coast OM 4/12/03 at Cave Creek) 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4.

127

Operation Dequiallo ­ LA ATF 78401502-006 ROI 100

Rule 16(a)(1)(E), Brady, Giglio

Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district.

Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

128

Operation Dequiallo ­ LA ATF 78401502-006 ROI 101

Rule 16(a)(1)(E), Brady, Giglio

129

Operation Dequiallo ­ LA ATF 78401502-006 ROI 102

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

22 Document 855-2 Filed 10/21/2005 Page 22 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 23 of 85

Revised 10/20/05

# 130

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 103 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

131

Operation Dequiallo ­ LA ATF 78401502-006 ROI 105

Rule 16(a)(1)(E), Brady, Giglio

132

Operation Dequiallo ­ LA ATF 78401502-006 ROI 106

Rule 16(a)(1)(E), Brady, Giglio

133

Operation Dequiallo ­ LA ATF 78401502-006 ROI 107

Rule 16(a)(1)(E), Brady, Giglio

134

Operation Dequiallo ­ LA ATF 78401502-006 ROI 109

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

23 Document 855-2 Filed 10/21/2005 Page 23 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 24 of 85

Revised 10/20/05

# 135

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 110 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

136

Operation Dequiallo ­ LA ATF 78401502-006 ROI 111

Rule 16(a)(1)(E), Brady, Giglio

137

Operation Dequiallo ­ LA ATF 78401502-006 ROI 112

Rule 16(a)(1)(E), Brady, Giglio

138

Operation Dequiallo ­ LA ATF 78401502-006 ROI 113

Rule 16(a)(1)(E), Brady, Giglio

139

Operation Dequiallo ­ LA ATF 78401502-006 ROI 116

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

24 Document 855-2 Filed 10/21/2005 Page 24 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 25 of 85

Revised 10/20/05

# 140

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 117 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

141

Operation Dequiallo ­ LA ATF 78401502-006 ROI 118

Rule 16(a)(1)(E), Brady, Giglio

142

Operation Dequiallo ­ LA ATF 78401502-006 ROI 119

Rule 16(a)(1)(E), Brady, Giglio

143

Operation Dequiallo ­ LA ATF 78401502-006 ROI 122

Rule 16(a)(1)(E), Brady, Giglio

144

Operation Dequiallo ­ LA ATF 78401502-006 ROI 124

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

25 Document 855-2 Filed 10/21/2005 Page 25 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 26 of 85

Revised 10/20/05

# 145

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 125 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

146

Operation Dequiallo ­ LA ATF 78401502-006 ROI 126

Rule 16(a)(1)(E), Brady, Giglio

147

Operation Dequiallo ­ LA ATF 78401502-006 ROI 127

Rule 16(a)(1)(E), Brady, Giglio

148

Operation Dequiallo ­ LA ATF 78401502-006 ROI 128

Rule 16(a)(1)(E), Brady, Giglio

149

Operation Dequiallo ­ LA ATF 78401502-006 ROI 131

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

26 Document 855-2 Filed 10/21/2005 Page 26 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 27 of 85

Revised 10/20/05

# 150

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 132 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05 Also, defendants have made no showing that these reports are material to preparing the defense 7-11-05 Order Defense to show materiality-See Defense Memo filed 8-12-05

Per Court's Order dated 10/11/05 Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4. Prima facie established - Govt. to promptly produce by Nov. 4.

151

Operation Dequiallo ­ LA ATF 78401502-006 ROI 133

Rule 16(a)(1)(E), Brady, Giglio

152

Operation Dequiallo ­ LA ATF 78401502-006 ROI 134

Rule 16(a)(1)(E), Brady, Giglio

153

Operation Dequiallo ­ LA ATF 78401502-006 ROI 135

Rule 16(a)(1)(E), Brady, Giglio

154

Operation Dequiallo ­ LA ATF 78401502-006 ROI 136

Rule 16(a)(1)(E), Brady, Giglio

BEW Revised 10/19/05/PAG revised on 10/20/05 Case 2:03-cr-01167-DGC

27 Document 855-2 Filed 10/21/2005 Page 27 of 85

USA v Johnston, et al CR03-1167-PHX-DGC Status of Defense Request for Disclosure and Government's Response pursuant to Court's Orders dated 7/11/05 & 10/17/05 Page 28 of 85

Revised 10/20/05

# 155

DEFENSE REQUEST AND BASIS FOR REQUEST Operation Dequiallo ­ LA ATF 78401502-006 ROI 137 Rule 16(a)(1)(E), Brady, Giglio

GOVERNMENT'S RESPONSE AND BASIS FOR NON-DISCLOSURE Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Government will not produce at this time as ROI is part of an ongoing investigation in another district. Also, defendants have made no showing that these reports are material to preparing the